The Study Of Civil Law Of Gefalligkeitsverhaltnis

Gefalligkeitsverhaltnis is the important embodiment of “philanthropicminde”, and its aim is to strengthen the feelings between people. In general,this kind of behaviors belong to a sort of moral friendship behavior at the social level, and it does not belong to the range of the law adjust and the civil law also does not have clear stipulation for the behavior. Many scholars have their own views about the nature of gefalligkeitsverhaltnis, whether to belong to the category of civil law,as well as gefalligkeitsverhaltnis whether to need to take responsibility when it occur to infringe.First of all, the first part of this article from the summarization of gefalligkeitsverhaltnis, and it carries on elaborate from the concept, characteristics of gefalligkeitsverhaltnis, and it was compared with the similar concept expounds three aspects, discussing the domestic and foreign scholars on kindness patronage behavior point of view. Then the second part of article focus on analyzingthe nature of gefalligkeitsverhaltnis. It thinks gefalligkeitsverhaltnis not civil juristic acts,not factual actions, not civil trespass, and not contract and agreement behavior. It is a moral friendshipbehavior. The third part of article through the analysis of the scope of application and effect of gefalligkeitsverhaltnis, and finally put a foothold in the responsibility share when it has other relative factors interrene in the course of carrying out gefalligkeitsverhaltnis. It thinks the civil law does not adjust gefalligkeitsverhaltnis in general. If it has other relative factors interrene in the course of carrying out gefalligkeitsverhaltnis, it may be adjusted by civil law.